Bringing on new employees can be an exciting time, but it can also be challenging to make sure you’re meeting all the legal requirements when hiring. One area many companies struggle with is Form I-9 compliance. And, depending on your industry, the risk of an audit – and serious penalties – could be very high. What can you do to stay compliant with your I-9 processes in 2023? Let’s find out.
In this article, we’ll discuss who needs to fill out Form I-9, when, what documents are acceptable, verification rules, and storage requirements. After reading this, you’ll know how to make sure your Form I-9 policies and procedures are compliant.
Employers use Form I-9 to verify the identity and employment authorization of those they hire. All US employers must properly complete Form I-9 for each employee, whether they are citizens or noncitizens. Both you and your new hire have to complete certain sections of the form.
It's important to note that there is a new Form I-9 for employers to use as of August 1, 2023; however, you may continue to use the 2019 version of the form through October 31, 2023.
Click here to view the new Form I-9
To maintain Form I-9 compliance in 2023, both you and your new employee – or their authorized representative if they need assistance – will need to complete the form for employment verification eligibility. The employee completes Section 1 and the employer Section 2. We’ll explain what’s required in both sections next.
First, your employee needs to enter their information such as full name, address, date of birth, and Social Security number, if they have one. Then they’ll need to attest to their employment authorization in Section 1 and present their choice of acceptable documents that show their identity and employment authorization. We’ll cover those documents in the following section. Finally, the employee must sign and date the form.
You’ll then need to do several things to ensure I-9 compliance:
To meet I-9 compliance requirements, employees have several options when it comes to acceptable documents that can be used to verify their identity and employment authorization.
List A
Your employee may provide 1 of the documents from this list that establish both their identity and their employment authorization:
Employees must provide both a document that establishes their identity from List B and one that establishes their employment authorization from List C:
Individuals under 18 can also present a school record or report card; clinic, doctor, or hospital record; or daycare or nursery school record.
A COVID-19 temporary policy that allowed remote verification of I-9 documents became permanent effective August 1, 2023, so now eligible employers – meaning those who are E-Verify participants in good standing – can opt to use this alternate procedure. If you choose this method, the new I-9 has a checkbox you’ll select to indicate you’ve examined the Form I-9 documentation via live video rather than an in-person physical examination.
The employee must complete and sign Section 1 of Form I-9 no later than the first day of employment. It’s important to note that it should never be completed before an individual accepts a job offer.
You will need to complete and sign Section 2 within 3 business days of the date of hire of your employee. This date is their first day of work for pay. In Section 2, you’ll list both your employee’s first day of employment and the date you examined the documentation they presented to show their identity and employment authorization.
To ensure I-9 compliance, you’re required to maintain for inspection original forms for all current employees. For former employees, you must keep the forms for a period of at least 3 years from the date of hire or for 1 year after the employee is no longer employed, whichever is longer.
If you choose to copy or scan documents an employee presents when completing Form I-9, you must retain the copies (or electronic images) with their Form I-9 or their employee record. For remote verification, you’ll also need to make and retain clear and legible copies or electronic images.
Form I-9 compliance is governed by Immigration and Customs Enforcement (ICE). If ICE finds your records to be non-compliant during an I-9 audit or investigation, you can face a range of penalties, including fines and criminal prosecution. For example, the penalty for paperwork violations ranges from $252 to $2,507 and fines for knowingly hiring and continuing to employ unauthorized workers range from $627 to $25,076 per violation.
There are several steps you can take to help avoid issues with your Form I-9 compliance:
This blog was originally published in July of 2023 and was updated in August of 2023 for accuracy.